General Dispute (Claimant)
Specialist Dispute Lawyers
Disputes are often distressing, but you don’t have to face them on your own. Here at wigster.com, we make it easy for you to find the expert advice and support you need.
If you wish to take someone to Court because of a dispute that has arisen, simply click on the “Get me a Quote” button below to compare the prices and services of a range of specialist Dispute Lawyers. Once you’ve chosen your solicitor, they will do everything they can to pursue your court case, or try to resolve the matter amicably and as soon as possible, by careful negotiation.
General disputes are no different to neighbour, work or consumer disputes. Wherever possible, you should try and settle the matter out of court, either through personal intervention or with the help of a mediator or solicitor. However, sometimes matters can’t be resolved in this way and Court is the only option. For small claims ie less than £5000, you can usually represent yourself. But with claims worth more than £5,000 it is advisable to seek specialist legal advice – claims can be complex and sometimes involve a formal trial or hearing. A judge will decide if the case will be dealt with in a ‘fast track’ or ‘multi-track’ hearing.
Court claims between £5,000 and £25,000 usually go to a ‘fast track’ hearing, which will normally take no longer than one day.
Very complex claims usually go on the ‘multi-track’ where hearings can often last several days.
The court will first send both sides a form called an’allocation questionnaire’. The questionnaire asks you questions about how you want the case to be dealt with.
The judge decides on the track based on the information in the allocation questionnaire. Defendants and claimants are expected to discuss and, where possible, agree:
- if you can resolve the dispute without going to a hearing
- which track is most suitable, if you want to go ahead with the case
- how long you think the hearing will last
- how long you need to prepare your case
- if you want to use expert evidence (and if you can use the same expert)
The court will usually delay the court hearing for about a month to give both parties a chance to settle the claim. You may also be able to use a form of alternative dispute resolution, such as mediation. Mediation is when an impartial person helps you and the other side work out a solution to your dispute. If the case cannot be resolved in this way it will go to a hearing. Your solicitor will be able to handle all the preparations for court, including the handling of the ‘disclosure’ process and the completion of the pre-trial checklist.
During the hearing, the judge will normally want to hear from the person making the claim, the ‘claimant’, first, and then the defendant. Witnesses can also be called and cross-examined.
The judge will decide the outcome at the end of the hearing and you will get a letter telling you the outcome. If you feel you have good reasons you can appeal against the judgment. You need the judge’s permission and you must apply within 21 days of the judgment being made.
Find a Dispute Solicitor locally or nationally from a range of fixed legal cost options and select a quality Solicitor to save you money – wigster.com “Compare Solicitors, Compare Prices”
